Sankhala Raju v. V. Sammaiah

[ 3296 ] IN HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY,THE SIXTEENTH DAY OF AUGUST TWO THOUSAND AND TWENry THREE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY CONTEMPT CASENO:575OF2023 Contempt Case filed Under Sections 10 to 12 of Contempt of Courts Act to punish the respondent herein for wilful violation of the interim Order of the High Court dated10.01 .2023passedin l.A.No.01 of 2023inW.P.No.881 of 2023. Between:

Sankhala Raju, S/ o. Sirdararam, Aged 46 years, Occ. Business, Ri/o. H.No. 8-153/A, Gandhinagar, Rajanna Sircilla ...PETITIONER AND V. Sammaiah, The Commissioner, Rajanna Sircilla Municipality, H.No.8-3-30, Gandhi Nagar, Sircilla, Dist.. Rajanna Sircilla, PinCode.505301 ...CONTEMNORYRESPONDENT lA NO: 1 OF 2OZ:3 Petition under Section 151 of C.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the show cause notice No. G|/UC/3/4/2023 dated 08.03.2023 for demolitiort of the property issued by the Respondent which was issued in violation of the interim order dated 10.01 .2023 passed in l.A. No. 01 of 2023 in W.P. No. 881 ot 2023.

Counsel for the Petitioner :SRl. T. SURYA SATISH Counsel for the Respondent :Mr. B. JAGAN MADHAVA RAO The Court made the following:

HON'BLE SRI JUSTICE C.V.BHASKAR REDDY CONTEMFT CASE No.575 of 2o23 ORDER:

This Court, on lO.Ol.2O23 granted interim orders in LA.No.l of 2023 in W.P.No.8al of 2023 suspending the notice of revocation in Letter No.216858/SIRCl0754 12022, dated 02 . 11 .2022 .

2.

This Contempt Case is filed alleging violation of the orders passed by this Court on lO.Ol.2O23 in I.A.No.1 of 2023 in W.P.No.B81 of 2023.

3.

It is the case of the petitioner that the respondent even after knowing the lact of suspending the impugned notice in the writ petition has deliberately issued the showcause notice, dated 08.O3.2023 to the petitioner directing him not to proceed with the construction though the petitioner is entitled to proceed with the construction as per the building permission granted earlier.

4.

Learned counsel appearing for the petitioner has submitted that questioning the show cause notice issued

CVBR, J cc 575 2023 to the petitioner, the petitioner has filed another writ petition uide W.P.No.8798 of 2023 and this Court also granted interim orders in the said writ petition suspending the show-cause notice, dated 08.03.2023. In view of the same, the petitioner wants to prosecute the writ petition and prays to close this Contempt Case 5.

Learned counsel appearing for the respondent has submitted that the building permission was granted to the petitioner under T.S. B-Pass Act and the permission granted 1S always subject to the additional- conditions incorporated in the permission granted. It is further submitted that as per the additional condition No.6, the applicant shall not proceed with the construction till the post verification is done and a work commencement letter is issued. According to the respondent, the petitioner without informing the Municipal authorities has proceeded with the illegal construction before verification of the subject site of the petitioner and the learned counsel also contended that there is no willful deliberate action on the

CVBR, J cc 575 2023 part of the respondent in issuing the show-cause notice, dated 08.03.2023 and they have not taken up any demolition contrary to the orders of this Court

6. In view of filing subsequent writ by the petitioner questioning the show-cause notice, dated 08.O3.2023, which was issued as per the additional condition No.6 in the construction permission, this Court deems it fit that no orders need to be passed in this Contempt Case. 7 .

Accordingly, the Contempt Case is closed. No costs 8.

Miscellaneous petitions, if any, shall stand closed. Sd/-CH.VENKATESWARLU DEPUTY REGISTRAR LfD //TRUE COPY// SECiION OFFICER To,

1. One CC to SRl. T. SURYA SATISH, Advocate [OPUC]

2. One CC to Mr. B. JAGAN MADHAVA RAO, Advocate [OPUC]

3. Two CD Copies DL g

HIGH COURT CVBR,J DATED:16/08/2023 _-=--:=:- ,..i;rT E ii;,' :-\ '.i _.'.i ta ls a /,1 |,7 t\ 5t\ \r ri \ 1).

ORDER

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1. i-.-i.3?-:

\i--.- -2'4.- CC.No.575 of 2023 CC IS CLOSED O-e''

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